News & Analysis as of

Causation

Morgan Lewis

Washington State Supreme Court Clarifies Injury Plaintiffs Must Show to Bring State CPA Claim

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The Washington State Supreme Court has issued an important decision regarding the type of injury that a plaintiff must allege for a claim under the Washington Consumer Protection Act. In Montes v. Sparc Group LLC, the court...more

Marshall Dennehey

Court of Appeal Affirms Ruling That Late‑Asserted Major Contributing Cause Defenses Are Waived

Marshall Dennehey on

Budd v. Jandrew Enterprises LLC, (1D2024-3161, January 30, 2026) (OJCC# 23-004984) - The First District Court of Appeal recently issued a per curiam affirmed (PCA) ruling concerning the perennial issue of major contributing...more

FBT Gibbons LLP

Recent Seventh Circuit Case Provides Additional Insured Warning and Extracontractual Guardrails

FBT Gibbons LLP on

Atlanta Gas Light Company and its parent (collectively, AGL) hired United States Infrastructure Corporation (USIC) to locate and mark gas lines in Georgia....more

Katten Muchin Rosenman LLP

Will The Recent Social Media Verdicts Influence Climate Cases?

Two recent verdicts have held social media companies liable for harming their users, one for $375m and one for $6m.  The verdicts have “reverberated around the world” according to one recent article.  According to another,...more

Husch Blackwell LLP

Kentucky Supreme Court Affirms Duty to Prevent Take Home Exposures in Asbestos Claims in Schneider Electric USA, Inc. v. Williams

Husch Blackwell LLP on

On March 19, 2026, the Supreme Court of Kentucky issued its decision in Schneider Electric USA, Inc. v. Williams, affirming the duty to prevent take home exposure in asbestos claims on summary judgment. The case arises...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera and Meningioma: What the Latest Research Means for Women Who Used the Birth Control Shot

Meningioma brain tumors are often described as slow-growing and benign. But for many patients, the effects are anything but minor. These tumors can press on critical areas of the brain, leading to vision problems, chronic...more

Troutman Pepper Locke

One Year After Horn: How Lower Courts Are Applying RICO's Expanded Damages — RICO Report Podcast

Troutman Pepper Locke on

In this episode, host Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. He briefly recaps Horn's narrow...more

Weber Gallagher Simpson Stapleton Fires &...

NY Appellate Division Workers’ Comp Decisions Provide Lessons on Proof, Premises, and Procedure

There were three workers’ compensation decisions posted by the Appellate Division Thursday, 3/26/26: 1. Murad v. Tri-State Groundwater Solutions, LLC. This case involved a maintenance mechanic who claimed he developed...more

Carr Maloney P.C.

What duty of care is owed by a hotel to a suicidal guest? The Court of Appeals examines the “assumption of duty” doctrine and...

Carr Maloney P.C. on

Last month, the Court of Appeals explored the issue of the applicable duty of care owed by a hotel to a suicidal guest. In Beadell v. Eros Mgmt. Realty LLC, No. 11, 2026 WL 466787 (N.Y. Feb. 19, 2026), the Court of Appeals...more

Ropes & Gray LLP

Access Denied: CJEU Closes The Door On Serial DSAR Litigants

Ropes & Gray LLP on

Whether submitted by a ‘cookie troll’ — an individual who systematically triggers consent mechanisms to generate compensation claims — or by someone using the process for what seems like collateral purposes, the phenomenon...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from March 20, 2026

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, March 20, which included the following opinion of interest to the Alabama business community...more

Morris James LLP

FDA Class I Recall of FreeStyle Libre 3 Sensors: Practical Steps and Legal Considerations

Morris James LLP on

Key Takeaways - The FDA has identified a Class I recall (its most serious type) involving certain FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensors....more

Baker Botts L.L.P.

The Law of War - Force Majeure

Baker Botts L.L.P. on

During times of war, when circumstances outside of parties’ control interfere with commercial obligations, parties may turn to the doctrine of force majeure to excuse failures to perform....more

Carlton Fields

Pennsylvania Federal Court Enforces Assault and Battery Exclusion and Sublimit

Carlton Fields on

In Cincinnati Specialty Underwriters Ins. Co. v. Mainline Priv. Sec., LLC, Civil Action No. CV 24-3871, the United States District Court for the Eastern District of Pennsylvania held that an assault and battery exclusion,...more

DLA Piper

Fortuity - Canadian Insurance News and Trends - March 2026

DLA Piper on

More than "but for": Ontario Court limits additional insured coverage for wedding tumble - In Van Daele v. Waring House et al, 2025 ONSC 6687, the Ontario Superior Court of Justice held that a wedding venue was not...more

Husch Blackwell LLP

Remand Motion Denied in PFAS Lawsuit Brought by Former Professional Baseball Players

Husch Blackwell LLP on

On February 11, 2026, Judge Juan R. Sánchez of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to remand in a high-profile toxic torts case. Former professional baseball players and...more

Pillsbury Winthrop Shaw Pittman LLP

Conflict Premium: Insurance and Supply Chains During the Iran War (Part 4)

With geopolitical crises mounting, policyholders are likely to experience losses related to wars and other conflicts, which impede shipping and aviation. In such circumstances, a court or arbitrator’s interpretation of key...more

Marshall Dennehey

Court of Appeal Affirms Ruling That Late‑Asserted Major Contributing Cause Defenses Are Waived

Marshall Dennehey on

Budd v. Jandrew Enterprises LLC, (1D2024-3161, January 30, 2026) (OJCC# 23-004984) - The First District Court of Appeal recently issued a per curiam affirmed (PCA) ruling concerning the perennial issue of major contributing...more

Searcy Denney Scarola Barnhart & Shipley

How Do You File a Claim for a Tire Blowout in Florida?

Tire blowouts can cause serious accidents. If you have been seriously injured in a car accident involving a tire blowout, you may be entitled to financial compensation for your medical bills, pain and suffering, and other...more

Zelle  LLP

Understanding the Scope of the Appraisal Process: When Appraisers Can - and Cannot - make Causation Determinations in Texas

Zelle LLP on

In a decision that further defines the power of an appraiser, a Texas federal court analyzed the enforceability of an appraisal award where appraisers specifically determined that damage was caused by wind and hail in...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Standing on Shaky Ground: A Difference of Opinion on What is “Fairly Traceable” in Cases Involving Third-Party Criminal Conduct

Standing seems like a straightforward concept—the plaintiff must suffer an injury in fact fairly traceable to the defendant’s challenged conduct for which the court can provide redress. See Lujan v. Defs. of Wildlife, 504...more

White and Williams LLP

From Warning Labels to Fire Causation: Where Plaintiffs’ Expert Fell Short in Qasim

In Qasim v. Spectrum Brands Holdings, Inc., C.A. No. 21-18744, 2026 U.S. Dist. LEXIS 5064, the United States District Court for the District of New Jersey considered whether the plaintiffs’ expert’s opinions were admissible...more

Jackson Walker

Texas Business Court Clarifies Pleading Standards for Responsible Third Parties

Jackson Walker on

This opinion is a useful guide for trial lawyers litigating responsible third party (RTP) designations under Chapter 33. Judge Whitehill draws an important distinction between liability and responsibility, clarifies the...more

Cohen Seglias Pallas Greenhall & Furman PC

Subcontractor Record-Keeping and Inefficiency Claims

Labor inefficiency or lost productivity on a construction project occurs when the actual labor hours required to perform work take longer than anticipated because of some outside impact. When a subcontractor experiences...more

Weber Gallagher Simpson Stapleton Fires &...

Delaware Industrial Accident Board Rejects Attempt to Expand Compensable Shoulder Claim

The Delaware Industrial Accident Board recently issued a defense decision in favor of C&S Wholesale Grocers, reinforcing an important limitation on compensability under Delaware workers’ compensation law. Acceptance of an...more

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